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2026 DAILYLAW 33266 (KAR)

SMT. RAJESHWARI. G. R. v. SRI. H. S. RAGHAVENDRA @ PRAKASH

WP/17707/2026 · 2026-07-27

P Sree Sudha

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010382112026 NC: 2026:KHC:39008 WP No. 17707 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA WRIT PETITION NO.17707 OF 2026 (GM-FC) BETWEEN: SMT. RAJESHWARI G. R. W/O. H. S. RAGHAVENDRA AGED ABOUT 46 YEARS R/AT HOUSE NO.1036/13E 9TH CROSS, 4TH MAIN GENERAL HOSTEL ROAD VIDYARANAYAPURAM MYSURU-570 008 …PETITIONER (BY SRI NATARAJU T., ADVOCATE) AND: SRI H. S. RAGHAVENDRA @ PRAKASH S/O. LATE H. S. SURYANARAYANA AGED ABOUT 48 YEARS R/AT HOUSE NO.F1/9A HOSTEL ROAD VIDYARANAYAPURAM MYSURU-570 008 PRESENTLY AT HOUSE NO.144 SUYEZ FARM ROAD, KANAKAGIRI VIDYARANAYAPURAM MYSURU-570 008 …RESPONDENT (RESPONDENT IS SERVED AND UNREPRESENTED) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010382112026 NC: 2026:KHC:39008 WP No. 17707 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO MODIFYING THE ORDER DATED 07.04.2026 ON IA NO.III UNDER SEC.24 OF HINDU MARRIAGE ACT PASSED BY THE I ADDITIONAL PRINCIPAL JUDGE FAMILY COURT, MYSURU IN MC NO. 906/2025 VIDE ANNEXURE-E BY ENHANCING THE INTERIM MAINTENANCE TO RS.25,000/- EACH TO THE PETITIONER AND HER DAUGHTER AS PER ANNEXURE-C. THIS PETITION HAVING BEEN HEARD AND RESERVED ON 22.07.2026, COMING ON FOR PRONOUNCEMENT OF ORDER THIS DAY, P SREE SUDHA J., MADE THE FOLLOWING: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA CAV ORDER This writ petition is filed by the wife to modify the order dated 07.04.2026 in I.A.No.3 of MC No.906/2025. 2. Heard the arguments of learned counsel for the petitioner. Even after service of notice, respondent No.1 did not turn up and set ex parte. 3. M.C.No.906/2025 is filed by the respondent herein for a decree of divorce. During the pendency of the said case, the petitioner herein filed an application for interim maintenance of Rs.25,000/- to herself and - 3 - HC-KAR CNR: KAHC010382112026 NC: 2026:KHC:39008 WP No. 17707 of 2026 Rs.25,000/- per month to her daughter. Family Court, considering the entire evidence on record, granted an amount of Rs.7,500/- per month to the wife and Rs.4,000/- to her daughter from the date of application and respondent is directed to deposit the said amount in her account. Aggrieved by the said order, she preferred this writ petition and mainly contended that her husband filed MC No.906/2025 for divorce and she filed a counter claim under Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights. She further stated that respondent is working as typist independently in Lansdowne building in Mysore and earning substantial amount. He invested in various business and has savings account and he is doing finance business by lending money to various persons and collecting monthly interest, whereas she is a house wife and she sustained partial loss vision to the eye and daughter is studying in 7th class and she has to incur the expenses of herself and her daughter but the Family Court granted a meager amount of - 4 - HC-KAR CNR: KAHC010382112026 NC: 2026:KHC:39008 WP No. 17707 of 2026 Rs.11,500/- per month and thus, are seeking for enhancement of the said amount. 4. Family Court in their order observed that petitioner previously worked as a teacher. She is a bachelor degree holder but later she suffered from severe eye problem, underwent surgery for glaucoma and also cataract in the year 2020 and also suffered blurry vision. She stated that her husband is presently working in a jewellery shop and earning Rs.30,000/- per month, apart from that he is also earning Rs.1,50,000/- from other sources. He has ancestral property at Hassan. He deserted her wilfully and refused to take care of her and her daughter, whereas the husband stated that she was working as a teacher in Nataraja School since 2025 in St. Mary School. Thereafter, she joined in Gurukula, Mysore and she left the job after filing of the petition. He further stated that he incurred entire medical expenses for the surgery of his wife. He is working as sales man in Navarathan jewellery and getting a meagre salary out of - 5 - HC-KAR CNR: KAHC010382112026 NC: 2026:KHC:39008 WP No. 17707 of 2026 which he has to maintain his mother who is suffering from old age ailments. The bank statement of the wife is filed and the salary was credited to her account while she was working as a teacher in St. Mary School. Respondent studied PUC and stated presently he is earning Rs.30,000/- per month. 5. Considering the said evidence of both sides, Family Court rightly granted an amount of Rs.7,500/- per month to the wife and Rs.4,500/- per month for the child towards interim maintenance from the date of application. There is no illegality and infirmity in the said order. This Court does not find any reasons to interfere with the order of the Family Court. In the result, writ petition is dismissed by confirming the order of the Family Court in M.C.No.906/2025 dated 07.04.2026. Sd/- (P SREE SUDHA) JUDGE DS CT:VC List No.: 1 Sl No.: 72